Reports of Cases in the Supreme Court of Appeals of Virginia
Virginia. Supreme Court of Appeals, Benjamin Watkins Leigh, Conway Robinson, Peachy Ridgway Grattan, James Muscoe Matthews, George W. Hansbrough, Martin Parks Burks
D. Bottom, Superintendent of Public Print., 1888 - Law reports, digests, etc
Some vols. also contain reports of cases in the General Court of Virginia.
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action administrator affirmed agreement alleged Amherst county amount answer Appeal from decree appellant appellee assignment averred B. G. Carter beneﬁt bill bond cause certiﬁed chancery circuit court claim commissioner common law complainant conﬁrmed contract conveyance conveyed county court coupons court of equity creditors cross-bill damages debt deceased declaration decree of circuit deed of trust defendant in error delivered the opinion demurrer entitled evidence executed fact ﬁled ﬁnal ﬁrst ﬁve fraud Gratt heirs held hustings court interest James John judge jurisdiction jury Kent Leigh lien ment overruled paid parties payment person plaintiff in error possession proceedings Proﬁtt proof purchase money question real estate record refused rendered reversed Richmond rule says Smith sold speciﬁc Statement—Opinion statute suit supersedeas Syllabus—Statement Taliaferro term testator testimony thereof tion tract of land trial verdict Virginia wherein wife witness writ of error Wythe county
Page 396 - BLATCHFORD, after stating the case, delivered the opinion of the court. We are of opinion that the writ of mandamus must issue.
Page 467 - ... they are entitled to place themselves in the same situation as the parties who made the contract, so as to view the circumstances as they viewed them, and so to judge of the meaning of the words and of the correct application of the language to the things described.
Page 63 - ... should set forth in his bill specifically what were the impediments to an earlier prosecution of his claim; how he came to be so long ignorant of his rights, and the means used by the respondent to fraudulently keep him in ignorance; and how and when he first came to a knowledge of the matters alleged in his bill; otherwise the chancellor may justly refuse to consider his case, on his own showing, without inquiring whether there is a demurrer or formal plea of the statute of limitations contained...
Page 457 - We are of the opinion that the decree of the Circuit Court was correct, and that it should be AFFIRMED.
Page 891 - Without reference to the English chancery decisions, where this objection to the decree would be quite untenable, we think the power of courts of chancery in this country is sufficient to authorize such a decree as was here made. It is here undoubtedly a recognized doctrine that a court of equity, sitting in a State and having jurisdiction of the person, may decree a conveyance by him of land in another State, and Bee 4 OTTO. US BOOK 24. may enforce the decree by process against the defendant.
Page 910 - Every such contract, every deed conveying any such estate or term, and every deed of gift, or deed of trust or mortgage, conveying real estate or goods and chattels, shall be void as to creditors and subsequent purchasers for valuable consideration without notice, until and except from the time that it is duly admitted to record in the county wherein the property embraced in such contract or deed may be.
Page 41 - According to the rules of law, every man is answerable for injuries occasioned by his own personal negligence ; and he is also answerable for acts done by the negligence of those whom the law denominates his servants, because such servants represent the master himself, and their acts stand upon the same footing as his own.
Page 155 - ... fellow-servants in the same employment, and that considerations of public policy require the enforcement of the rule. But this presumption cannot arise where the risk is not within the contract of service, and the servant had no reason to believe he would have to encounter it. If it were otherwise principals would be released from all obligations to make reparation to an employee in a subordinate position for any injury caused by the wrongful conduct of the person placed over him, whether they...
Page 885 - Act declared that the coupons should be payable semi-annually, and "be receivable at and after maturity for all taxes, debts, dues and demands due the State," and that this should be so expressed on their face.